Chullin Daf 103 צולין דַף 103

Rebbe Chiya bar Abba and Rebbe Avahu cite different rulings in Rebbe Yochanan’s name about one who ate חלב taken from a live tereifah. Rebbe Chiya bar Abba obligates two sets of malkus, but Rebbe Avahu obligates three: for חלב, אבר מן החי, and tereifah. This machlokes is explained in three ways: (1) The animal became a tereifah at birth: Rebbe Avahu holds בהמה בחייה לאברים עומדת – an animal while alive stands to be cut into limbs, so all three prohibitions take effect simultaneously. Rebbe Chiya bar Abba holds a live animal is not לאברים עומדת, and אבר מן החי would take effect when a limb is torn off (and cannot take effect on already prohibited חלב). (2) All agree a live animal is not לאברים עומדת and argue if the אבר מן החי prohibition takes effect on the other two, since it is additionally forbidden to בני נח. (3) The animal became a tereifah after birth: Rebbe Avahu holds that just as a derashah teaches that tereifah takes effect on חלב, it also takes effect on אבר מן החי. Rebbe Chiya argues that it only takes effect on cheilev, דהותר מכללו – because it is at times released from its general [prohibition], since חלב of חיות is permitted.

Reish Lakish asked Rebbe Yochanan: חלקו מבחוץ – if one divided [a כזית of אבר מן החי] outside his mouth and ate each half separately, is he liable for eating a combined כזית, like for other prohibited foods? Rebbe Yochanan said he is exempt; since אבר מן החי is unique in that sinews and bones count towards a כזית, its laws cannot be derived from ordinary prohibitions, and the כזית must be consumed at once to incur malkus. [Rebbe Elazar disagrees below, arguing that מחוסר קריבה לאו כמחוסר מעשה דמי – lacking proximity is not like lacking an act, and the two halves are combined.] Rebbe Yochanan agrees that one who divided the kezayis מבפנים – inside his mouth and swallowed each half separately is liable, because הרי נהנה גרונו בכזית – his throat has enjoyed a כזית at once. Reish Lakish disagrees, becauseאכילה במעיו בעינן – we require consumption of a כזית in his stomach for liability, and here he did not ingest a כזית at once. Accordingly, one would only be liable for consuming a small bone, which is swallowed whole.

Reish Lakish says that the כזית required for liability is חוץ משל בין השינים – besides for that which is stuck between the teeth and not swallowed. Since he holds אכילה במעיו בעינן - we require consumption of a כזית in his stomach, he must ingest an entire כזית. Rebbe Yochanan says the food stuck between his teeth is included for a כזית. Rav Pappa says Rebbe Yochanan only argues about food which is stuck in the palate, before which it is not fully tasted. Although he did not consume a full כזית, Rebbe Yochanan says הרי נהנה גרונו בכזית – his throat enjoyed tasting a כזית. Rebbe Assi said in Rebbe Yochanan’s name: אכל חצי זית והקיאו – if one ate half a כזית and disgorged it, וחזר ואכל חצי זית אחר – and then ate another half a כזית, he is liable (despite never consuming a כזית), because נהנה גרונו בכזית. Rebbe Elazar reminded Rebbe Assi that the same is true if one ate half a כזית, disgorged it, and ate the same piece again, because it is not considered digested.